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HomeMy WebLinkAboutR-90-0233J-.P(')..-P,1F .1 A RESOLUTION DENYING THE APPEAL AND AFFIRMING THE IMPACT FEE HOARD OF REVIEW'S DECISION NOT TO WAIVE OR ADJUST IMPACT FEES IN THE AMOUNT OF $14,042.00 ASSESSED FOR NEW CONSTRUCTION ON PROPERTY LOCATED AT APPROXIMATELY 1411 NORTHWEST 14TH AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), PURSUANT TO CHAPTER 13, ARTICLE I OF THE CITY CODE. WHEREAS, the Miami Impact Fee Board of Review, at its meeting of February 6, 1990, by a vote of 5 to 0, heard Case No. 89-12-001 and denied the appellant's request to waive or adjust the impact fee assessed by the Building and Zoning Department for proposed building construction activity on the subject site; and WHEREAS, the Appellant has taken an appeal to the City Commission of the Impact Fee Board of Review's decision; and WHEREAS, the subject Impact Fee was assessed pursuant to Chapter 54.6 of the Code of the City of Miami, Florida; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the decision of the Impact Fee Board of Review; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The appeal from the Impact Fee Board of Review's decision not to waive or adjust impact fees of $14,042.00 for proposed new construction on property located at 1411 Northwest 14th Avenue, Miami, Florida, more particularly described as the South 361 feet of the West 541.60 feet of the South 1/2 of the Southeast 1/4 of the Northwest 1/4, less the west 35 feet thereof and the south 35 feet thereof of Section 35, Township 53 South, Range 41 East; is denied, and the decision of the Impact Fee Board of P.eview is hereby affirmed. CITY COMMISSION MEETING OF MAP 21v 1990 !ON PF" 13 PATD Al-U) AT)OPT7F.1) tble ATTE NATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: -JOEL E. MAXWELL' �Cl aEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: i E L. PH ANDEZ 4�i 0 CITY ATTORN Y -r JEH/db/Ml400 -2-- '- I ppo Ix __ _A_m_-,_-r- - -� - _ XAVT,r,.R, L. SUAREZ 4AYOR 90-0233 EA E3 16 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO The Honorable Mayor and Members of the City Commission FROM: Cesar H. Odi' City Manager, DATE: ^ 1 R FILE: AJ SUBJECT Appeal of the "_mpact Fee Board of Review Denial of Waiver of Fee Case No. 89-12-001 REFERENCES: ENCLOSURES: The United Cerebral Palsy Association of Miami Inc., appealed the required Development Impact Fee, according to the Development Impact Fee Ordinance No. 10426, Chapter 54.6 of City of Miami Code for an addition to their facility at 1411 N.W. 14th Avenue, Miami, Florida. The Impact Fee Board of Review after hearing all arguments and reviewing the documents submitted by the appellant, took a close look at the exemptions listed in the ordinance and could not find a basis for waiver and upon advice of legal, counsel denied the appeal by a vote of 5-1 at the meeting of February 6, 1990. The Association is now appealing the Board's decision as provided for in Section 54.6-17 of the code. The required fee, based on the coefficient under Section 54.6-11 for the floor area being added, was computed as $14,042.00. Attached for your information are all documents relating to this matter. t -1 0 0 p4i F'xn'urrr r• fNrrc.�rr 00ricers �.iw� Lu•.ti� Yr,•srdcrrt '•rug fC:s' !'r-�:,�rk'fft :- United Cer.-brat Palsy ,association of MMuni, Inc. i-tnrld;1 43125-1691 w Phcmr: (30';) 3'5-11080 February 7, 1990 Mr. Edith Fuentes Director of Building City of Miami 275 N . W . 2nd Avenue Miami, Florida 33120 Dear Ms. Fuentes: and Zoning Certified Mail 0234-539-267 I am writing to you on behalf of United Cerebral Palsy �, ,•,.,, .,,r+�a Association of Miami, Inc. relative to the assessed nn;rctlul Impact Fees for its expansion project at 1411 N.W. 14th Avenue, Miami, Florida, 3312.9. An appeal was filed with the ' Impact Fee Soardof Review. The ►r•.r: ' ••+.:haunt �= p appeal was 1:r >.rntt ur, heard on January 9, 1990 and continued on February 6, 1990. United Cerebral Palsy's appeal was denied. 1 ttrn:n Please consider this correspondence as "request to review (appeal)" the, Impact Saard's decision to the t iv trnc:crrr City Commission. This is in keeping with the Sec. t!tt is '�ia.:tt.=4.6-17 (page 21) of' the City Ordinance 0#10426. Please I ',w Prr.i4r4wts consider this request timely filed (within 15 days) and find the $500 fee enclosed. txl +: tiitlt�c� '4 V"VIF- V I await further direction as to the format which this Do on-s Gart, appeal is to take, deadline dates and scheduled hearing rr,11 irur data. On behalf of the Developmentally Disabled Children and H,i;irx:ufDirec-tors Adults who_ could use these monies in their daily cart? t�tK1 �,tt and training, please give us every assistance and .a.�ti:•t consideration possible. !t�-ru'r "i.trticKt. !r. Sincerely, t r:tt- III- nmgc•r t) miin�;•t F.u.ar ;r;na c,al,EJoseph A. Aniei lo, Ed.b. ,hr c,.rtti�„>a Executive Director it ;;tc, m JAA/ 1 ip =C: i1Gy L istzg, President AI lrun tt.;.1; Sp,%ak ' 1) .. r;.;ttt tv•n ! 1r11!i.;lt 00, 4 EDITH M. FUENTES Director nT tu ref 'Miami f,.tY OF\ .....e,,....,� Certified flail 2270015 January 18, 1990 a Mr. Joseph A. Aniello, Ed-D. United Cerebral Palsy Association of Miami, Inc. 1411 N.W. 14 Avenue Miami, FL 33125-1'691 Re: Appeal of Development Impact Fee for Construction at 1411 N.W. 14 Avenue Miami, Florida. Case 089-12-001 Dear Mr. Aniello: CESAR H. ODIC) Cifv Manager This is to inform you that your appeal which was continued at the meeting of January 9, 1990, has been scheduled for hearing on Tuesday, February 6, 1990. Board meeting will commence at 2:30 P.M. in the City of Miami Administrative Building, 1st Floor Conference Room, 275 N.W. 2nd Street. You are reminded that all documentation/information required that has not been furnished to date must be submitted at least 10 working days prior to the meeting. Very truly yours, ED fFUENTES5 Di eetor EMF/JAG/jg CC,. Zoning file BUILDING AND ZONING DEPARTMENT 274 N.W. 2nd Slreei/P.U.Box 330708/N i,anii, FL 3.3233-0708/(305) 350-7457 1 3 Location: Planning District: Floor Area: Service Cneficieot 0.283 Fee 3,962,00 IMPACT FEE BREAKDOWN Case No, 89-I2-00I 1411 N.W. 14 Avenue 8IIeoattah 10,000 sq. ft. Fire Parks & Storm Solid Rescue Recr. Streets Sewers Waste GSA Total 0,000 0.000 0,333 0./66 0.119 . D.1U2 1.003 O O 4,662,00 2,324'00 1,066.nV 1.428.00 /u'ouz.no �,i i#:u P f A iami GtiS14 �F�\ EDITH M. FUENTES %r r► CESAR H ODIO Director �(+- CERTIFIED PIAIL City Wnaaer ..�.,n...,#277--7-561 December 151, 1989 Mr..'Joseph A. Aniello, Ed-D. United Cerebral Palsy Association of Miami, Inc. 1411 N!W- 1$ Avenue .Miami, FL 33125-1691 Ile: Appeal of Development Impact Fee for Construction at 1411 N.W. 14 Avenue Miami, Florida Dear [fir. Aniello: On Tuesday, January 9, 1989, the Impact Fee Review Bcard will meet commencing at 2:30 p-m. in the City of Miami Administration Building, 5th floor Conference Room, 275 N.W. 2nd .Street, Miami, Florida, to consider the following: Appeal of the Development' Impact Fee as required by Ordinance No. 10426 for proposed building construction at the above site. The petitioner or the petitioner's legal representative must be present at the hearing. Attached is a list of documentation/information required pertaining to your appeal. The documentation is to be submitted not Mess than 10 working days prior to the meeting. Very tr y you , d, T M. FUENTES -- Director EMF/JAG/ jg Enclosure CC: Zoning file BUiiDING .AND ZONING DEPARTMENT 275 NW gnu Street/N.O.Box 330708/Minna, fi 33233-070 f,',105i 350-7957 90 33 U .lush A. Anirlly. Ed.U. F-vecrttrr'e Director Officers Rcn lu.ug pil':ule7lt Nat 1. Regfoiut( Ufl: I miu Au* fln-04n1; & +a? I A':: r„rlcti VP id- dS �:�ri: •nrtl Un' ! , ( H:....: l wrcuirr (writ I3• Kl):r)gur Stith rd cotes John Carwo(ui 1:tltc Z J; , G1 K1u'- I;a:ii. Lut'a� (s `Wthun-, 12t'ort M.;ri.rnt 1 hitiingcr Ruth spwai, Lau ii:itt +il'jritt7lu-en United Cerebral Paisy Association or m&rni, inc. 1411 1.u'. 1-3 Avenue • Miami, Florida 33125-1691 • Phonv: (305) 325-1080 December 21, 19eg Ms. Edith Fuentes Director of Building and Zoning City of Miami 275 N.W. 2nd Street Miami, Florida 33128 CERTIFIED MAIL. 0 P-320-15e-636 Dear Ms. Fuentes: I am replying to your letter of December 15, 1989 relative to items needed for the January 9, 1990, United Cerebral Palsy Association of Miami "Impact Fee Appeal". You will find enclosed twelve copies of the following. 1) Impact fee calculation sheet 2) Building Permit 3) Lease for our land or proof of ownership 4) Statement on reason for appeal Thank you for your assistance in this matter. Sincerely, r oseph Aniello, Ed.D. Executive Director JA/lp cc: Roy Lustig, Esq. President Jack Schillinger, Chairman Diane Russo, Fiscal Director <tp Build Lit vs" 90w 00M (1-1 U STAT P1ENT OF RE SON FOR AF'�L,. I am writing to you in reference to an "Impact Fee" which United Cerebral Palsy Association of Miami recently paid to the City. This fee of $14,042 was in relation to permit number 89-11392 issued on 11-20-e9. Please consider this letter as a "formal appeal" as provided for in your policy (Sec. 546-16 Establishment of Impact Fee Board of Review: Appeal Procedures). We are in the process of adding more space to our current building at 1411 N.W. 14th Avenue. This is County land in the City of Miami which is leased to United Cerebral Palsy Association of Miami. The current buildings do not allow us to serve all the developmentally disabled children and adults who are in need of services. Many City of Miami citizens attend our programs. This expansion allows us to serve more people and in a more appropriate building designed for the handicapped. Our request of you is to waive the "Impact Fee". This S14,042 amount really takes money away from direct services. It potentially means that we would serve two to three less people in need of help. Please consider this waiver the City's direct involvement into providing services `o t'W disabled and handicapped people in Miami. The County ha:, a' sady provided us with relief from their Impact Fees. I will provide you whatever additional information you may need. You may reach me at 547-2189. Please consider the fact that in this day of cutbacks in governmental funding each blow like this one means less handicapped people getting services,_ 0 CITY OF �iAi1I ;�' � r t • BUILDING ,AND ZONING Dom'y,�,i:, ci , • i IMPACT PER CALCUIGA'2'I . ; I rr''' 1 i t 1 APPLICA'k . .o w 4 lcb CCWA } {JA i�e :� ! i i; 1 �^�- • `t Properly` Addre'Bat . 6411 _ i �• Legal TJeseription:__ (Subdlvialon) C'-SA, ' PROP0$6: PROJPCT: (�r; Aridil on I..;:, - ( �;r'; ather,� _.. __... ,3► , ! xr';'• 11:, !t-1'': `.. ,� t DISTRICT; -A L i,. A 4WT r A rk 117 TYPE-OP-10ONSTRIUCTION: 'Total CoeP .iy�,,rr ,r, j t. i_. Sg Ft a Per !3 Y'Ftj �{{ �•# AmosSti { , ti:'.: f. 3 Residential ij„ td� u'v:.r.'j.l{ii'�jt'tk`' Hon -Residential I` 0004 14 iOTAY!'' a, +lsit ,,� REKARK3: O Revietted y: �'. - $te: r., i on a.gy lanU ExamJ667r Copp Ftezeived4py: +' �! ti(,t,y,'' III r t• �,¢ j t t(Name)4 ' - °t i `i t r • rf n lip ate f'' y •. wt NOTR r3r17311ant'',to Section 511.6- 26 (b) nt' Ordinance No. 1 r .,Or the eve rtrnd3titaxs t f tht: sppl tr;, i,I : dr:v,ilopment it Sct f ir1 P; 1 iitlrie Bh 11" .be filed in writing to th!:! I',:,;'r:r,i st' r,t' the Sul d ►�i t� t�'6t1 is fifteen (15) days fromi kvjt,' r)t- r.ecrzipt of this tvrAf i(3n at' 14, ii �. d�A�� j•-(,�.. ��d' . • !��ilt ( : ! �� � }13s���� ! . ♦ �it+s f � CITY OF MIAMl BUILDING PERMIT THIS GAR® MUST BE. PROMIKI LY DISPLAYED ON JOB SITE OWNER CONTRACT& ADDRESS Building Inspections 579-6822 FOR INSPECTION SERVICE: CALL Electrical Inspections 350-7986 FROM 9 A. A. TO 4 P.M. TIME DAY Fire Inspections $79-6307 BEFORE THE INSPECTION IS NEEDED MechaPlumbin Inspections 5794812 Zoning Inspections 350-7852 Public Works Oapalrtment 579-6874 INSPECTIONS WILL BE MADE ON THE FOLLOWING WORK DAY WHERE POSSIBLE THE PERMIT HOLDER OR HIS AGENT SHALL NOTIFY THE BUILDING AND ZONING DEPARTMENT AND RECEIVE INSPECTION APPROVAL BEFORE PROCEEDING BEYOND THE REQUIRED INSPECTION STAGES. MANDATORY INSPECTIONS FOUNDATION INSPECTION: To BE MADE AFTER NECESSARY EXCAVATIONS HAVE BEEN MADE, FORMS ERECTED, REINFORCING STEEL QLACED. LINE AND GRADE ESTABLISHED. NO FOOTING INSPECTION WILL BE MADE UNTIL PUBLIC WORKS DEPARTMENT HAS BEEN NOTIFIED TO MAKE LINE AND GRADE INSPECTION AS PER MIAMI C17Y CODE. PILE INSPECTION: TO BE MADE DURING THE DRIVING OF THE PILES AND AFTER ALL PILES ARE DRIVEN AND FORMS AND REINFORCING STEEL ARE IN PLACE AND TIED. BUT BEFORE PLACING ANY CONCRETE. A CERTIFIED PILE LOG SHALL BE SUBMITTED TO THE BUILDING OFFICIAL BY THE SUPERVISING ENGINEER. REINFORCING INSPECTION: (SLABS. COLUMNS. BEAMS. ETC..I TO BE MADE AFTER FORMS ARE ERECTED, REINFORCING STEEL ACCURATELY PLACED AND TIED AND AREA TO RECEIVE CONCRETE. CLEANED AND CLEANOUTS PROVIDED WHEN REOUIRED. ALL PIPING AND DUCT WORK INANAREA TO RECEIVE CONCRETE SHALL BE INSPECTED AND APPROVED BY THE INSPECTOR HAVING JURISDICTION PRIOR TO A CALL FOR BUiLOING INSPECTION. FRAME INSPECTION: TO BE MADE AT EACH FLOOR LEVEL AND AFTER ALL FRAMING, FIRE BLOCKING, FURRING. AND BRACING ARE IN PLACE: AND PLUMBING AND ELECTRICAL WORK ARE ROUGHED IN. LA THAND PLASTER WORK MA YNOTBE STARTED UNTIL ALL ROUGH ELECTRICAL. PLUMBING, AND MECHANICAL INSTALLATIONS ARE INSPECTED AND APPROVED BY THE DIVISION INSPECTORS. LATH INSPECTION: MADE AFTER LATHING BUT BEFORE PLASTERING, DRY -WALL INSPECTION: MADE AFTER DRY -WALL 1S ERECTED. BUT BEFORE NAILS OR FASTENERS ARE COVERED. CURTAiIN-WALL, WINDOW, SLIDING -GLASS DOOR INSPECTIONS: TO BE MADE AT EACH FLOOR LEVEL AFTER UNITS ARE INSTALLED, BUT BEFORE ATTACHMENT AND CONNECTORS TO THE BUILDING FRAME ARE CONCEALED INSULATION INSPECTION: TO BE MADE AFTER INSTALLATION OF INSULATING MATERIALS AND PRIOR TO THEIR BEING COVERED UP. OTHER INSPECTIONS: TO BE MADE AS THE OWNER OR CONTRACTOR OR BUILDING OFFICIAL MAY REASONABLY REQUEST. FINAL INSPECTION: TO BE MADE AFTER THE WORK IS COMPLETED AND THE STRUCTURE IS READY FOR OCCUPANCY, SUBMIT A LIST OF SUBCONTRACTORS. SPECIAL INSPECTION: TO BE MADE OF ALL MECHANICAL INSTALLATIONS, SIGNS, AND AWNINGS IMMEDIATELY UPON COMPLETION AND AT SUCH INTERVALS CURING THE PROGRESS OF THE WORK AS THE BUILDING OFFICIAL OR THE CODE. MAY REOUIRE. NOTICE klrrCHANIC'S LIEN LAN': FAILURE TO COMPLY WITH THE MECHANIC'S LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENT. THIS BUILDING MUST BE FINAL -INSPECTED AND A CERTIFICATE OF OCCUPANCY ISSUED BEFORE IT IS OCCUPIED. TIi'IS PERhfiT DOES NOT COVER INSTALLATION OF ELECTRICAL, PLUMBING, ROOFING, BOILER, ELEVATOR, OR MECHANICAL WORK. SEPARATE PERMITS MUST BE SECURED FROM THE PROPER DIVISIONS BEFORE ANY WORK INVOLVING THESE INSTALLATIONS IS BEGUN, NO INSPECTIONS WILL SE MADE UNLESS THE APPROVED PLANS ARE ON THE JOS. PRESERVE THIS RECORD OF YOUR BUILDING INSPECTIONS • This Card roust be posted in a Conspicuos place at or near the main antrance to the new building, addition or alteration during foundation and framing construction and puked up at time of final inspection by oasignated City Official. • When the building is framed this card may be posted at the electric motor s6rvice box or the garage, and roust always be available to the building inspector. • Unless srrecihcsnV rdaribfi(ed as a single *to;) (911 trades) permit, the issuance of a building permit does not authorize the installation of work such as tooling, plumbing, electrical work, heating, air condi!ioning and refrigeration. central heating and ventilation, wails &Optic tanks, boilers, pressure vessels, paving, moving of ttructurraj, installation of signs, awnings, etc., which Ott require "pirate permits • Building permits shall e44re 160 days from date of itLuNlco if itte work permitte0 rounder has not been commenced. Such fraarrnit shall also expire it the founding or work sutra etl uch permit is sus d" or abandoned for a period of ISO days after work commences or from date of Iaal inspection. ,f f hakve r60 rind undetst000 The COntBnt6 Ofr,�� &�, — -I 1." tams bunding permit card- (ar t lure) If (Date' 9 +eLw` 3 I" r C M r 0 0 ,a M r .n 0 C'! �1 3f► Ic A_ z A a IE D �C rfl C r z C. 0 t'fl io: X 0 M M , z 0 CL U) 3 PUBLIC WORKS DEPARTMENT INSPECTIONS DATE COMMENTS INSPECTOR TEMP. C. Ci. FINAL STRUCTURAL INSPECTIONS INSPEC7 10NS DATE COMMENTS INSPECTOR TEMP, C. Q. FINAL PLUMBING INSPECTIONS INSPECTIONS DATE COMMENTS INSPECTOR TEMP. C. A. iiNAL ELECTRICAL INSPECTIONS INSPECTIONS DATE COMMENTS INSPECTOR TEMP. C. Q. FINAL MECHANICAL INSPECTIONS INSPECTIONS DATE COMMENTS INSPECTOR A/C BOILER ELEVATOR GAS FINAL FIRE PREVENTION INSPECTIONS INSPECTIONS DATE COMMENTS INSPECTOR ~ TEMP. C. o. FINAL ZONING INSPECTIONS INSPECTIONS DATE COMMENTS INSPECTOR TEMP. C. O. FINAL �i m m m N m m OCCUPANCY OF THIS BUILDING 13EFORE FINAL INSPECTIONS ARE MACE AND ZONING OCCUPANCY PERMIT OBTAINED IS A VIOLATION OF ORDINANCES OF CITY OF MIAMI /0 INSPECTORS WILL NOTE OW RtVENSI SIDE ANY MAJOR ITEMS INSPECTED IBUT NOT Ll'STED JtGOVE m 0 m m m 0 0 0 T1 O C c 2 z 0 z (1) ou 0 z 0 3 LIA LA TROPOLITAN DADS COUNTY, FLORIDA Al2R,� o� INA kV IvSETR7•f3ADE CENTER OFFICE OF COUNTY MANAGER SUITE 2910 III N.W. let STREET MIAMI, FLORIDA 33928.1994 (305) 375-5311 CERTIFIED: April 17, 1986 Ms. Sharella Miller Everett Executive Assistant for ministration United Cerebral Palsy Association -of Mimi, Inc., 1411 Northwest 14 Avenue Miami, Florida 33125 Dear Ms. Everett: Re: Renewal of Lease Agreement at 1411 N.W. 14 Avenue, Miami Property #3135-07-00 Please be advised that pursuant to the terms of the Lease Agreamnt entered into by Dade C..c Lmty, dated March 1, 1956, Dade County is hereby granting the option to renew for an additional five (5) year period. The renewal period cacc>rt.nced March 1, 1986. Future payments will be addressed to the General Services Administration, Accounting Section, Ill N.W. First Street, Suite 2410, Mimi, Florida 33128-1988. Sincerely, r � f Sergio Pereira County Manager cc: Ms. Mayra Buttacavoli Ms. Linda Brooke Mr. Raymond Reed Mr. Edward A. Gottlieb THIS IXASZI made and entered into at MANI, r1G=14a this Ist day of Mrah' 1956 by and b*tveen DAM COUM9 a polltl* l @nbd1v1sicn of the State of Florida* horo1nafter salted Couttatya and VnTRD CMUURLL PAIMg ABSOC TI011 (W MIAMI# IM9 a s oz� -profit corpoaratlon of the State of norlda organised for the pu Tposes of promoting conimuilty Interest ass& velf'a.re q horelcatter called the Association, W I T x z 8 sE T S: FCR AND N CONSIDIRATI08 of the covenants on the part of this association hereira.fter GontalrWdq subject havever to the reservations hereinafter sat forth, the County does hoToby let' leas* and doodse unto the Association the folloving described propertyq lying and being is Dade County, Florldat They South 361 feet of the best 541.6.E feet of the SJ of the SSY of the TWtq loss the vest 35 foot thereof and the South 35 facet thereof of Section 35, Tovnsaip 53 South* Range hl Last. TO HAVE AHD TO SOLD the same unto said Association for and during the period of five (5) years# betinaing lurch 1a 1956 and ending February 289 1961. The association shLU pay unto the County the suss of One Dollar ($1.00) per year for each year of this term of this 3saso. Receipt of the suet of Five Dollars (95.00), representing the total rental to be paid to the Couantyl is hereby acknavledged by the CCU my . The Association shahuse the danisead property only for the promotion of the geseera.l welfare of persons handtcappod vith oerebral palsy in Dade County, llorlda and for scientific studies of scans of preventing a.rsd treating cerebral palsy and persons afflicted thesrwwlth. In order to acoompl4.ish tbase obdag the Association is hereby pa rtdttad to construct asd operate upon the -I- � scl:.ii: .. !1 ..,..�:.... .. .: r.i. f•. � ...fy' ..! •..v � ... .1-•. . ... r�.i .. . a ���. r ,.i •.-w .oil.. � � w . key a103 f i `� I r I denisa►ct prsaper my such hQspi,tal.e t eliniox v ac4 other buildings as may be cussarp to aacsoap].lsh tho gcnrpoaes of this losses and to far 'as may be possible shall cooperate with jac:kson tten arial Hospital, operated by the C:ouotgg and the, School, of Kedicin a of the University of Xianio Before the co noo"at of any construction on the demised pronisom the Association stall have on tAud suf- ficient monies and credits to provide for the paysevt In fr-U of all clals o for materials and labor lnvolved cir to be lavoly ed in such construction, and wdar no ai.rcuwta aces shall it permit sag claim for Ilea to be filed against tho domisol promises or any past thereof or azW buildingt structure ear equipment located thereon, She Association shall keep al.l buiidinso t stru©tura= and oqulpmnt located upon the dasdsQrd pramisso in rood and clean ceDditlon and repair at all times, reasonable vosr and tee? andadanage try fire and the *lemmata mono eseapted. In tho event of destruction or damaCe the ,,lssociation shall Vito all duo dispatch rebuild or re- pairs as the case m3 be. The proTisions hercin vith retard to the payment of bills and to the absence of liens sball apply to suah repairs and reconstruction, Construction of facilities for the use of the property in accordance with the terms of this lease shall bogir vi.tbin one year from the date of this lease. At the end of are eorstracti.ou than kesoolL►tioc shall furnish tree County a e artiticate by a gnsl! fied architect to the effect that all bills for lA bcr and material i8-- e ourred in such conatruation Late boon paid in full* dagtb4ng herein to the contra" notvith,standingg _t ij specifically understood and agreed that thA County rosar ves the right to the use of the South 65 foot of the detiaiaad property for the ooastruetion and mainteuencre of a roadt whotbrsr at ground 10-101 = olovatode and shall have the right to go upon such &oath 65 feet at asy and al1 tines fOr p=p*ses of strrvef'angt caonstr=tioDo VzLin-- -240 go2 : P P Fr ma�yy,, t j'A1 , .• ). pf Y :,1,` �.� .aA.l..se l.1�.I'Qe�-7`'[$�:I ffi �: �fnSEd >, ��• '£. fir__ .._ .._:..i�.? _ r.. .... l •.A _ -. .. _ .... . A S to -RA MW all other p= os-inftdwl3tal to the sl►eratiom of such road® under Mo oirousst v*es shall the A,84001Ation o+ot Or 00n- struct any building or build.isds On or in azeywise interfere with the we by the County of such South 65 feet,,, or any part there►of,, with out written authority of the board of County C•osssissioners of a the County whin may be gie,:)n after the construction of each pr*- pored road. Violation by the iscaooiation of onny of the provisions and conditions of this leas®' at the option of the County Com ssioners of this County,, shal]result in the torsd,nation and canoollation of this lease and of any extensiova or reDowals thereof; provided' however,, that such Board may not exorcise its option to terminat;,s and oanoal this lease without giving to the A,ssoolation thirty (30 ) days written notice of its intention so to do anloss the violation in oorrected within such thirty (30) day periods prodded fVzther,, hnwaysr' that said thirty (30) day period for oorroction of viola. - Lion shall apply only to the first violation. Zo waiver of a17 rights to cancel and tcrainate this lease shall constitute a waiver of any further, future or continuing violation but a W violation may be taken advantage of by the County at a.ny tip. It is further provided that if the Association uses the dssiaed promises for the purposes outlined in this Lass and is not in default or in violation of any of the terms of this lease at the end of the tern hereofl this lease shall be renewed automatically for an additional period of five (5) years,, and subject to the sans *oDditions t shall be rozoved automatically for successive .periods of five (5) years each for not to exceed a tot&.1 of ninety -•five (95) years f7roa and after than raosm acewnt of this lease„ Ix whims wmmof the County has oamsed these presents to be executed in its EM by its Bo"d of County Comm insioners,, acting by and through its paropar offla log and the Association has likovise executed these presents by its proper officials,, the day aW. year afor*- -3 ��.dGar�:+°.,s « 4.....�e�,.r.wc.. •'ro!l-wry � • ...o: �}ya.. �� :xhu�'.::.:.:"::ruY+.�wsc,Ss�{{ii3�lara�siw�,JarW�Wbc c' � ` r . IL +�.:,c�.,.-.�ce•r.�,«.?,..s�.t.*.aesald..v-•+e..a,�n: _ .�t..ss�an.�1., .:. �4isaee7*'�ct��.,.',.a..�ir�3.#`#�.���`.. i Xl9ide A So LgATIM Wit' 4LZt E OIL SAW "BOARD 's V `TTEST s cy.0L'o CT-r., 6" �.� ■ DAM COUM FLCR I'AA I - BY ITS BOOD Of COUWry COVMISSTOIi S . � ; CkIAIR `4AIA UYTTED CEREBRAL PALSY ASf;.q:iTiQV 0T-*:'•• XaAXI* It~ . Co STATE OF FLORIDA } COUNTY OF DADE } I Sereby Certify that on this day personally appeared before sae an officer authorized to administer oaths and t&ke ecknoxledgmenza CHARLES K. KETT'ER and CECIL L. WOODS, President and Secretary, re- spectively of UNITr"M CEREBRAL PALSY ASSOCIATION OF KIAMI# INC., a corporation, and they acknowledged that they executed the foregoing &rco•e })1aV MLease for the purposes therein expressed, rs the act of the Corporation. WITKES5 my hand and Official Seal at Kismi, Florida, this 2st day of March, A.D. 19 FU2S12C, Stste of Florles Ito �.:ti • to . roaRsrp PWwc.ti+ato it�•b� •� ON my c4fte"aalnn iv!* own~ a /rwrsw #we a Cw..aw♦ Ga •Sw! of Ft< utt C *nay Ct D*dL Ibis iatbwont sari hW Pr remd the. _. 4-'.Ur a• IL "►r4e%kC&ff a" CMW Cat A +ay. +.-;�+T7f •-s.�•�' �-rir+o. ,mil: •r. .. � :• � i'_ ' 90233 A- (_1 1 r � ;)3y 74?3Eq:l"TNT .TO LF•A E - fHIS XIENDMENT TO LASE made this I— `T day of 1971, by and between DADE COUNTY, a political subdivision of the State of Florida,, hereinafter called the "County" And the UNITED CEREBRAL PALSY ASSOCIATION OF *KIA?41, INC., a non-profit corporation of the State of Florida, hereinafter called the *-Association". W I T N E S S E T H: SAS, pursuant to Resolution No. 9445, duly adopted on March 1, 1956, by the Board of County Camnissioners of Dade County, Florida, the County entered into a Lease under date of March 1, 1956, leasing certain County -owned lands as described therein to the Association; and WFXREAS, it is necessary that a portion of these lands be used for right of way in the improvement of N. W. 14th Avenue, as shown upon. the Right of Way Map which was recorded on March 17, 1970 in Road Plat Book 83 at Page 71 of the Public Records of Dade County, Florida; and WHEREAS, by Resolution No. / duly adopted i 1971, the Board of County Commissioners has authorized the Amendment to Lease to change the legal description in order to delete the necess- ary right of way from' the demised lands: NOW, THEREFORE, it is agreed that said Lease dated March 1, 1956, is hereby amended so that the description of the lands so leased shall be as follows: That part of the North 326 feet of the South 361 feet of the West 541.60 feet of the South k of the SE)z of the NWT of Section 35, Township 53 South, Range 41 East, Dade County, Florida, which lies Northeasterly of the following described line: Commence at the point of intersection of the East line of the West 35.00 feet of the South � of the SEk of the NWk of said Section 35 and the North line of the South 35.00 feet of the SEk of the NWk of said Section 35; thence run N 88°01'42" E along the North line of the South 35.00 feet of the SEI., of the NVk of said Section 35 for a distance of 81.94 feet to a point of curvature of a circular curve concave to the Northeast and to the Point of Beginning of the following described line; thence run Ndrthwesterly along the arc of said circular curve concave to the Northeast having a radius of 50.00 feet through a central angle of 86°41'37" for an arc distance of 75.65 feet to a point of reverse curvature of a circular curve to the left; thence run Northwesterly along the arc of said circular curve to the left having a radius of 2120.98 feet tt'.-uugh a central angle of 1°24'57" for an arc distance of. 52.41 feet to a point of tr.ngen,;-; thence run N 6'41'38" W for a distance of 200.00 feet to the paint of curvature of a circular curve to the right; thence run Northerly along the arc of said circular curve to the right having a radius of 2045.98 feet through a central angle of 0.46'05" for an arc distance of 27.43 feet to a point of intersection with the North line of the South � of the SEA of the NWt of said Section 35 and the END of the herein described line, said point being 6.44 feet Easterly of the East line of the Mess 35.00 feet of the South � of the SEk of the A-Jk of said Section 35 as taessured along the North line of the South 361 feet of the South � of the SEA of the &04 NWT of said Section 35. TtiX lMtrLflftrk etas F'repalg t 6y; 4�L/ 23 -02 _ f ? iyAot Cp `�, ti(suC sari G`C�r. 7 s�1 ti. WM«,."ttj :uce., r, j S In all other respect% said Lease `hail xtmmin in full force and effect in accordance with the terms and conditions specified therein. IN WITNESS WHEREOF, the parties hereto have caused these -presents to be executed the day and year first above Written. ELEA�THERMM, CLERK Deputy Clerk ATTEST: ^1 t� it. Secretary`" DADE COUtirf, a9 po of the State of By its .8010 of By: al.tical subdivision a Irida, anty Cottttniss ioners C()Uj`TY MANAta:.r: UNITED CEREBRAL PALSY 't 1,1• ASSOCIATION OF MIA, V, cl� t..�..a `� 5 Eo c`u y•.• j . o- By : .c -President v� c' Q ++111ke�3 The fnregolne conveyance was procured pursuj"t to Re%atutian Na.h `. .y. a1 me Qoard of Ca"t} Commissioners of Dade pounty. Flofte, passed and sdooted the....../G. ..dcy Ct.. t:`-... f5? 7!• "C"Gf D rig 00 F PCIAL RiCOKGi ttM1 61 Or GAG{', COUMVY, Flok4p& E. B. LEA 4"HFR31A1V �„ t GIC:flili R owIT .T 3 � � f r ; r Tha fallowing Posolutlon war oftered by Commissioner 'seconded by Ca=lss loner x�-1-a and upon vote vas carried u.n"Isously and the Resolution was duly adopted, WIMMEM, United Cerebral Palsy issoaiation of Hiaais Irma, a nonprofit aorporation of the State of Florida organ- Sxedi for purposes of promoting community interests and eel. farm has requested that thla Board give it a 1®as® from Dado County covering the hereinafter desaribod property for a period of five years beginning March 1, 19%, and ordinZ Fabru&ry 28,, 1963.1 with an option on the part of said Associ- ation to renew the same for successive periods of five years each for a total of not to exceed 95 yearn t and has agreed to use such land for the promotion of the general velfars of . handicapped persona with cerebral pally and for scientific studies of moans of treating cerebral palsy and persons af- fected tharevith in Dade Countyc Florida and the vicinity thereofs and has further agreed to cooperate with Jackson Woorial Hocpita-1 and the School of `Wicine of the University of Miami as fax as pray be possible' and has agreed to pay nominal rental of g1.00 per year; and WW.BAS' there has been submitted to this Board a copy of such proposed lease4 vhivh is in the oustody of the Clerk of this Board; and WMEASc such proposed lease specifically provides that the County reserves the right to the use of thl& South h 65 feet of the d@sdised property for the constructions and maintonince of a road, vhather at grou nft level or el.evatodg and the night to go upon such South 65 fact at any and all times tar purposes of surway, ego=trucstions maintenavoo' a.ml an othcar purposes irboide nt to the oparatioa of ouch rc adt mid such lease "a�ta us, oth&r provisions as thcrrein set forthl mid 5 WhIRi�,AS, It is des Dsd to be in the public interest that much request be zra rated and s.ich lease given. NOW, THr-P3F0 Nj 9% IT 171 T W: Z'DAFcD OF COUNTY GQ V41GSI®NERS vF DAME CD©M-Y, FLORIDA, that the Chairs or Vice vhairwAn, and Clerk or DAputy Clerk of thle Board be and they are he+reb�r authariz*d and direotel to execute such lease for and in behalf of Dade County and this Board, the same to *over the following described property lying and being In Radar County, Florida i -wc ,;►an Th® South 361 feet of the bleat 541.60 feet of itc. the Sj of the 83f of tho NN.4. less the Went 35 feet thereof ant! the SoytA 35 foot thereof _........ _.... of Section 35, Tovnshtp 53 South, Range dal N&C t PASSED L" ADOPTED this lat day of Mareh, 1956. 01 '. .gendA Itsxxa 1',3o, 7 (i) 4-29 70 RESOLUI'ICZN No.a ne RESOLUTION DECLA.RIING ACQUISITION OF LAND FOR RIGHT-OF-WAY FOR A .PORTION OF N. W. 14TH AVENUE, DEPARTMENT OF TRANSPORTATION SECTION 87502-2618, EXTENDING FROM N. W. 13TH TERRACE TO N. W. 20TH STREET TO BE A, PUBLIC NECESSITY; AND AUTHORIZING THE COUNTY ATTORNEY TO FILE EMINENT DOMAIN PROCEEDINGS WHEREAS, the right-of-way required for the improvement of N. W. 14th Avenue between N. W. 13th Terrace and N. W. 20th Street Is specifically shown upon the. Right -of -Way Map which was recorded on March 17, 1970, in Road Plat Book 83 at Page 71 of the Public Records of Dade County, Florida; and WHEREAS, the County Manager has recommended the acquisition of the specific right-of-way required for this project known as Department of Transportation Section 87502-261S; and WHEREAS, funds are alrailable for this acquisition in the State Secondary Gasoline Tax Funds; and WHEREAS, this Board finds, determines, and declares that the acquisition of the right-of-way as shown or. the said Right -of -Way Map is necessary, practical and to the best interest of the public, and that it is necessary to acquire said right-of-way in fee sirnple for such highway purposes, NOW. THEREFORE, .BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONEP,S OF DARE COUNTY, FLORIDA: 90-0233 g(---nc':i No. 7 (0 Page No, T Section 1. This Board adopts and fin.c's those matters set oat Ln the foregoing recitals. Section 2. The County .kttor°ney and the County Manager are hereby authorized and directed to proceed to take the necessary steps for Dade County to acquire in the name of Dade County by donation, purchase or eminent domain proceedings the said right-of-way La fee sEmple and to prepare in the name of Dade County all papers, pleadings and other instruments required for that purpose, and to prosecute all eminent domain proceedings to judgment. The foregoing resolution was offered by Commissioner .gigs . who moved its adoption. The motion was seconded by Commissioner ALeXander S# Gord = and upon being put to a vote, the vote was as follows: Earl J. Carroll Absent Mary H. Foote Alexander S. Gordon y W R. Hardy Ie4athesoa A Thomas D. O'Malley ilay �c Arthur H. Fatten, Jr. Aye Ben Shepard Aye Earl M. Starnes km Chuck H all Akm The Mayor thereupon declared the resolution duly passed and adopted this 29th day of April, 1970. Approved by County Attorney as to form and legal sufficiency. DADE COUNTY, FLORIDA BY ITS BOA-PJ:) OF COUNTY COMNIISSIONTE1L9 E. B. LEATHERMAN,, CLERK MWAIRD D. PHE AN By: Deputy Clerk. 9 21 RESOLUTION NO. A€ ender Item No. 7 (a+) (2) 7-16-71 S-244 -7. RESOLUTION AMENDENG AGREEMENT BETWEEN DADE COUNTY AND UNITED CEREBRAL PALSY ASSOCIATION OF MIAMI FOR LEASE OF COUNTY OWNED LAND WHEREAS. by Resolution No. 9445 adopted March 1. 1956, this Board approved and authorized the execution of a Lease between Dade County and United Cerebral Palsy Association of Miami for the lease of County owned lands as described therein; and WHEREAS, the County Manager has recommended the amendment of the said lease to delete therefrom a portion of the demised land which is required as right of way in the improvement of N. W. 14th Avenue as shown upon the Right of Way Map which was recorded on March 17, 1970. in Road Plat Book 83 at Page 71 of the Public Records of Dade County, Florida; and WHEREAS, the United Cerebral Palsy Association of Miami has executed an appropriate amendment to the Lease, NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, - LORiDA, that this Board hereby approves the prriendment to Lease between Dade County and the United Cerebral Palsy Association of Miami, a copy of which is attached hereto and rzade apart hereof, which amendment changes the description of tze lands 7o !eased, deleting therefrom the Necessary right of way, and the County Manager and Deputy Clerk of this Board are authorized and circcted to execute said amendment for and on behalf of Dide County. Z.Z Agend;. Ittin No. 7 (a) Page No. 2 1 - The foregoing revolution was offered by Commissioner Uxol.d. A. Greve who moved its adoption. The motion was seconded by Cornrnissioner S.A. DanzYear and w upon being put to a Grote, the vote was as follows: _ Earl J. Carroll Aye S. A. Danayear A7e Mrs. Stanley (Joyce) Goldberg ATO Alexander S. Gordon Aye Harold A. Greene A70 _ R. Hardy Matheson Abs=t Harvey I. Reisernan Ben Shepard - Stephen P. Clark The Mayor thereupon declared the resolution duly passedd and t adopted this 1 bath day of February, 1971. }r: DA.DE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMLSSIONERS • E. B. LEATHERM.AN, CLERK Approved by County Attorney L.Or to form and legal 6ufficicncy. BEDWAfM D. PHELAN y: Deputy Clerk. 90-0233 �23